NAKODA INTERNATIONAL Vs. UNION OF INDIA

JUDGEMENT

(1.) D.B. Civil Writ Petition No.7102/2005 was disposed of by order dated 12.1.2006 with consent of the parties in the following terms: Without going into the controversy involved, our attention was drawn to para 13 of the reply of the respondents wherein it has been stated that after paying differential duty of the consignment which comes to Rs.8,79,014/- the petitioner may take release of the goods.

(2.) Counsel for the petitioner states that the petition may be disposed of in the light of the stand of the respondents. He further states that he will advise the petitioner to approach the Deputy Commissioner of Customs, ICD, Jodhpur for release of the seized goods. He submits that the respondent authorities may be directed to complete the assessment and determine petitioner's final liability at the earliest. Shri Vineet Kumar Mathur, counsel for the respondents states that this will be done as early as possible. It is clarified that the release will be provisional and subject to determination of final liability.

(3.) An application registered as Civil Misc. (Writ) Application No.13/2006 has been filed on behalf of the Custom Department seeking clarification of the expression provisional release in the aforesaid order. The application came to be filed after the writ petitioner, M/s. Nakoda International, filed application for initiating contempt proceedings when the Custom Department through the Assistant Commissioner, Customs, Jodhpur vide order dated 13.2.2006 asked the writ petitioner to furnish bond for the sum of Rs.59,11,904/- and bank guarantee for a sum of Rs.23,56,692/- for taking clearance of the goods.